Brouwer said his Xbox 360 scratched two of his games, “Gears of War” and “Madden NFL 07,” and that Microsoft offered to replace the games for a $20 fee. He is seeking more than $5 million in damages, according to the court filing.

We’re assuming the $5 million is to replace everyone’s games (class action) and not just for him. This lawsuit deals only with disc scratching, an entirely separate issue from the “general hardware failure” that prompted Microsoft to extend the XBOX 360 warranty.